Sec. 767. POWERS AND DUTIES OF GUARDIANS OF THE PERSON    


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  • (a) The guardian of the person is entitled to take charge of the person of the ward, and the duties of the guardian correspond with the rights of the guardian. A guardian of the person has:

    (1) the right to have physical possession of the ward and to establish the ward's legal domicile;

    (2) the duty to provide care, supervision, and protection for the ward;

    (3) the duty to provide the ward with clothing, food, medical care, and shelter;

    (4) the power to consent to medical, psychiatric, and surgical treatment other than the in-patient psychiatric commitment of the ward; and

    (5) on application to and order of the court, the power to establish a trust in accordance with 42 U.S.C. Section 1396p(d)(4)(B), as amended, and direct that the income of the ward as defined by that section be paid directly to the trust, solely for the purpose of the ward's eligibility for medical assistance under Chapter 32, Human Resources Code.

    (b) Notwithstanding Subsection (a)(4) of this section, a guardian of the person of a ward has the power to personally transport the ward or to direct the ward's transport by emergency medical services or other means to an inpatient mental health facility for a preliminary examination in accordance with Subchapters A and C, Chapter 573, Health and Safety Code.

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993; Amended by Acts 2003, 78th Leg., ch. 549, Sec. 17, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 692, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 268 , Sec. 3.17, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 930 , Sec. 7, eff. September 1, 2009.